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P. O. Box 1743
Kamuela, Hawaii 96743
Wainaku Executive Center (Second Floor)
26-238 Hawaii Belt Road
Hilo, Hawaii 96720
Carter Professional Center (next to Title Guaranty)
65-1230 Mamalahoa Highway, Suite F-102
Kamuela, Hawaii 96743
75-5915 Walua Road
Kailua-Kona, Hawaii 96740
Next to Tateishi & Associates Office
2158 Main Street, Suite 203
Wailuku, HI 96793
We come to you!
Home visits by appointment.
We may not like to talk about it, but most of us will reach a point in our lives where we need more help from others to take care of ourselves. Estate Planning Attorney John Roth and Adult Care Expert Karyn Clay talk about incapacity or the physical or mental inability to manage one's affairs and the care options available.
So you made the decision to get your will or trust done, but how do you prepare for the first meeting with an estate planning attorney? It might be easier than you think. You should really just have three things.
What will happen if your pet outlives you? How is it decided who gets your pets? Many times our pets feel like family and you may want to make sure they’re taken care of like family if they outlive you. There are three primary ways to ensure your pets are taken care of after your lifetime.
If you did your estate planning in California, then move to Hawaii, is the plan still valid? Will your will or trust work the way you intended in you new state of residence? Each state has it’s own set of laws that govern estate planning.
Will the State take my property? Will my loved ones pay more taxes? These are common questions that come up when discussing what happens if you die without a will, but aren’t necessarily true. Each state has intestate succession statues that try to guess who you would want to get your stuff if you don’t have a will.
Maybe you’re about to go on a trip or have a sudden flash of insight that makes it urgent to make or update your will. In certain states, including Hawai`i, holographic (or handwritten) wills are accepted, but you should know a few things before breaking out the stationery.
Estate planning is not just about planning for after your lifetime. It’s also needed for incapacity planning while you’re still alive. Adding someone as a signatory on your bank account is a simple tool for incapacity planning, but it’s not right for every situation.
Losing a loved one is difficult enough, then there's the business of carrying out their estate plan. Creating an estate plan gives the ones you leave behind a clear direction of what you want to happen to your assets, but many times family members don't know where to start.
So you did the hard part and did your estate plan, but now where should you keep these important documents? Attorney John Roth explains where to keep your estate planning documents, who you should give them to, and where not to put them…
Do you have things that you would want to go to certain people after you die? Maybe you'd want your daughter to have your car or your best friend to have a certain piece of art? That's where the Memorandum Regarding Tangible Personal Property comes in.
The Health Insurance Portability and Accountability Act (HIPAA) was created by Congress in 1996 to protect your healthcare information. In order for anyone other than yourself to access your your medical information or talk to your doctor, they need to have a current HIPPA Release Form.
Attorney John Roth explains how an advance healthcare directive (referred to sometimes as a Living Will and Healthcare Power of Attorney) facilitates the making of health care decisions by your agent if you are unable to make them yourself.
Attorney John Roth explains what incapacity means in a legal sense. The mental capacity to handle your own affairs may decline over your lifetime or you may temporarily become incapacitated, where someone may have to help you make decisions and do things, such as pay bills.
A Durable Power of Attorney is one of the basic estate planning documents that appoints another individual to act as your agent on your behalf, during your lifetime. John explains the uses and requirements for setting up a Durable Power of Attorney.
If you own an asset jointly with someone with rights of survivorship and one of you dies, the surviving owner gets 100% of that asset. It doesn't matter what a Will or Trust says, they automatically get the bank account or piece of property that was held jointly with rights of survivorship.
If you've ever opened a retirement account when starting a new job, you've probably already filled out a designated beneficiary provision. But how do those designated beneficiary provisions actually work? Attorney John Roth explains how they're more powerful than you might think.